IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT

IN AND FOR BROWARD COUNTY, FLORIDA

STATE OF FLORIDA, ) CASE NO.: 18-1958CF10A

)
Plaintiff, )
) JUDGE: SCHERER
v. )
)
NIKOLAS CRUZ, )
)
Defendant. )

ORDER DENYING DEFENDANT’S MOTION TO STRIKE STATE WITNESS

(DR. CHRISTOPHER FERGUSON)
(D-334)

THIS CAUSE comes before the Court upon Defendant’s Motion to Strike State

Witness (Dr. Christopher Ferguson) (D-334). Having considered Defendant’s instant

motion, argument heard at a hearing before this Court on September 19, 2022, and

applicable law, this Court finds as follows:

In the instant motion, Defendant moves for an order precluding Dr. Christopher

Ferguson from testifying in the State’s rebuttal case on three grounds related to timing:

1) because Dr. Ferguson was untimely listed by the State, two weeks into the defense

case-in-chief; 2) because the records Dr. Ferguson was asked to review have been in

the possession of the State since 2018; and 3) because Dr. Ferguson is not available

for deposition until September 23, 2022, the Friday before the State is set to present its

rebuttal case, thus not leaving an opportunity to litigate any issues regarding his

testimony.

With regard to grounds one and two, Defendant seemingly concedes in footnote

one of his motion that the State may not have determined its need for Dr. Ferguson until

the defense presentation of its mitigation case.

1
 He argues in ground three, however, that by not making him available for

deposition until the eve of rebuttal, the State is effectively precluding the defense from

raising any motions in limine regarding his testimony.

As the State noted during argument on this motion, the date that Dr. Ferguson is

available for deposition is purely a matter of his scheduling availability, and September

22nd was the first date he was available for deposition.

Nevertheless, all of the grounds raised in this motion to preclude Dr. Ferguson’s

testimony are cured, and Defendant suffers no prejudice, with this Court’s ruling that

should any legal issues come up regarding this witness at deposition, this Court will

ensure that appropriate time is made to hear any such issues before Dr. Ferguson’s

rebuttal testimony is presented. As such, the defense will have an opportunity to fully

and fairly litigate any issues regarding his testimony. Additionally, the State agreed that

it would not present his testimony on the first day of its rebuttal case.

Accordingly, it is

ORDERED AND ADJUDGED that Defendant’s instant motion is hereby

DENIED.

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DONE AND ORDERED on this __________ day of September, 2022, in

Chambers, Fort Lauderdale, Broward County, Florida.

________________________
ELIZABETH SCHERER
CIRCUIT JUDGE

Copies furnished to:

Office of the State Attorney

Office of the Public Defender